What to Do After a Florida Car Accident: A Step-by-Step Guide

A car accident can turn an ordinary day into a confusing mix of medical concerns, vehicle damage, insurance calls, police reports, and questions about who will pay the bills. What you do in the first hours and days can affect both your safety and your ability to document a potential claim.

Florida has rules that make accident claims different from those in many other states. Drivers generally carry Personal Injury Protection, or PIP, coverage, Florida uses a modified comparative negligence system for negligence claims, and state law places deadlines on injury lawsuits. Understanding these rules can help you avoid preventable mistakes.

This guide explains what to do after a Florida car accident, what information to collect, when to report the crash, how PIP works, and when speaking with an attorney may be appropriate. It is general information, not legal advice for a specific case.

1. Stop and Check for Injuries

Do not leave the scene of a crash when Florida law requires you to remain. Stop as close to the scene as safely possible and check yourself, your passengers, and others for injuries.

If anyone may be injured, call 911. Some injuries are obvious immediately, while others may become noticeable later. Head injuries, soft-tissue injuries, internal injuries, and pain caused by inflammation can develop or worsen after the initial shock of the crash.

Avoid making medical judgments at the scene. If you have symptoms or concerns, seek appropriate medical evaluation.

2. Move to a Safe Location When Possible

If the vehicles are creating a traffic hazard and can be moved safely, Florida law generally requires reasonable efforts to move them so they do not obstruct traffic.

Turn on hazard lights and move to a nearby safe location if doing so will not create additional danger. If the vehicle cannot be moved, stay out of active traffic lanes when possible and wait for emergency assistance.

3. Call Law Enforcement When Required

Florida law requires drivers to immediately notify law enforcement of certain crashes, including crashes involving injury or death, an apparent property damage amount of at least $500, an intoxicated driver, a hit-and-run situation, or a crash requiring a commercial motor vehicle to be towed.

Even when you are unsure whether the legal reporting threshold is met, calling law enforcement can create an official record and help manage the scene.

Cooperate with the investigating officer, but stick to facts you personally observed. You do not need to speculate about speed, injuries, or fault.

4. Exchange Required Information

Florida drivers involved in a crash generally must provide identifying and vehicle information to the other driver and, when requested, show their driver’s license.

  • Name
  • Address
  • Vehicle registration number
  • Driver’s license information when requested
  • Insurance information

Also record the other vehicle’s make, model, color, and license plate. If the driver and vehicle owner are different people, obtain both sets of information.

5. Document the Accident Scene

If you can do so safely, take photographs and videos before vehicles are moved or repaired. Good documentation can preserve details that disappear quickly.

  • All vehicles from multiple angles
  • Damage to each vehicle
  • License plates
  • Vehicle positions
  • Skid marks or debris
  • Traffic lights and signs
  • Road layout and lane markings
  • Weather and visibility
  • Nearby businesses or buildings that may have cameras
  • Visible injuries, when appropriate

Take both close-up and wide-angle images. A close-up shows damage detail, while a wider image can show how the vehicles and roadway relate to each other.

6. Get Witness Information

Independent witnesses can be valuable when drivers disagree about what happened. Ask witnesses for their name, phone number, and email address if they are willing to provide it.

Do not pressure witnesses to give a statement. Simply preserve their contact information so an insurer or attorney can follow up later.

7. Be Careful About Statements at the Scene

It is normal to be upset after a crash. But avoid making statements that go beyond the facts, such as guessing that the crash was entirely your fault or insisting you are uninjured before you have had time to assess how you feel.

Florida’s negligence rules can make fault allocation important. The evidence should determine responsibility, not an emotional statement made minutes after a collision.

8. Seek Medical Care Promptly

Medical attention matters for health reasons and can also affect PIP benefits. Florida’s Motor Vehicle No-Fault Law generally requires initial services and care within 14 days after the motor vehicle accident for PIP medical benefits.

Florida PIP generally provides up to $10,000 in medical and disability benefits when an authorized provider determines the injured person had an emergency medical condition. If no emergency medical condition is determined, medical benefits are generally limited to $2,500.

Do not delay care simply because symptoms seem manageable. If you are hurt, seek treatment based on medical need and tell the provider that your symptoms followed a motor vehicle accident.

Understanding Florida PIP Insurance

Florida is commonly described as a no-fault state because PIP coverage pays certain benefits to an insured person regardless of who caused the accident, subject to the policy and Florida law.

PIP generally covers 80% of reasonable medical expenses and 60% of lost income within statutory limits. It can also provide a death benefit.

PIP does not mean fault never matters. A person with significant injuries or losses may have claims beyond PIP against an at-fault party when Florida law allows it.

9. Notify Your Insurance Company

Report the crash to your insurer promptly and follow the notice requirements in your policy. Provide accurate basic information about the collision.

You may be asked for photographs, vehicle information, medical information, repair estimates, or a recorded statement. Before giving a detailed recorded statement, especially to another driver’s insurer, consider whether you understand the purpose and potential consequences.

Keep copies of claim numbers, emails, letters, estimates, and the names of representatives you speak with.

10. Obtain the Florida Crash Report

Florida Highway Safety and Motor Vehicles maintains the state’s crash-report system. Crash reports that reveal personal information are confidential and exempt from public disclosure for 60 days after the report is filed, subject to statutory exceptions for people and entities authorized to obtain them.

FLHSMV directs users to the Florida Crash Portal for crash-report access. Reports may take time to become available after the investigating agency completes and submits them.

Review the report for basic factual errors such as vehicle information, insurance information, location, and parties involved.

11. Preserve Evidence

Evidence can disappear quickly. Vehicles are repaired, surveillance footage is overwritten, road conditions change, and witnesses become harder to locate.

Keep a dedicated folder for:

  • Crash photographs and videos
  • Police or crash reports
  • Medical records and bills
  • Prescription and pharmacy receipts
  • Repair estimates and invoices
  • Towing and storage receipts
  • Rental vehicle expenses
  • Insurance correspondence
  • Proof of missed work and lost income
  • Witness information
  • Notes about symptoms and important conversations

If a nearby business or property may have surveillance footage, acting quickly can matter because many systems automatically overwrite older recordings.

12. Do Not Rush to Repair or Dispose of Important Evidence

Vehicle damage can help explain the severity and direction of an impact. Before major repairs or disposal, make sure the vehicle is thoroughly photographed and the relevant insurers have had an opportunity to inspect it when required.

In serious cases involving defective components, commercial vehicles, or disputed crash mechanics, an attorney may recommend preserving the vehicle for expert inspection.

13. Track Your Medical Treatment and Symptoms

Keep a simple record of medical visits, diagnoses, treatment recommendations, medications, physical limitations, missed work, and changes in daily activities.

Consistency matters. Follow reasonable medical instructions and attend scheduled appointments when possible. Gaps in treatment can create both health problems and questions in an insurance claim.

Do not exaggerate symptoms. Accurate documentation is more useful than dramatic language.

14. Understand Florida’s Modified Comparative Negligence Rule

Florida uses a modified comparative negligence system for negligence actions. Under section 768.81, a claimant’s damages are reduced according to the percentage of fault attributed to that claimant.

For negligence actions covered by the statute, a party found more than 50% at fault for their own harm generally may not recover damages. The statute includes exceptions, including for medical negligence claims.

This makes evidence about how the crash occurred especially important. Lane position, traffic signals, vehicle damage, witness accounts, video, and electronic data can all affect fault analysis.

Example of Comparative Fault

Suppose a jury determines that a driver’s damages are $100,000 and that the driver was 20% responsible for the crash. The recoverable damages would generally be reduced by that percentage, subject to the facts and law applicable to the case.

If a claimant is found more than 50% at fault in a negligence action subject to Florida’s modified comparative negligence rule, the statute generally bars recovery.

15. Know the Deadline for Filing a Florida Negligence Lawsuit

Florida law imposes statutes of limitations. Under the current version of section 95.11, an action founded on negligence generally must be filed within two years.

The exact deadline can depend on the cause of action, date of the incident, parties involved, and other circumstances. Claims against government entities, wrongful death matters, uninsured motorist claims, and other cases can involve additional rules and notice requirements.

Do not wait until the deadline is close before investigating a serious claim. Evidence and witnesses are usually easier to preserve earlier.

16. Understand Florida’s Serious Injury Threshold

Florida’s no-fault system limits when a person can recover certain damages for pain, suffering, mental anguish, and inconvenience arising from a motor vehicle accident.

Section 627.737 generally requires an injury involving significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.

Whether an injury meets the legal threshold depends on medical evidence and the facts of the case.

17. Be Cautious With Early Settlement Offers

An insurer may make an offer before the full extent of injuries, treatment needs, lost income, or long-term effects are known.

A settlement normally resolves the claims covered by the release. Once a valid release is signed, reopening the claim may be difficult or impossible.

Before accepting an early settlement in an injury case, make sure you understand what claims you are releasing and whether your medical condition has been adequately evaluated.

18. Be Careful on Social Media

Public posts can become relevant in a disputed injury claim. Photos, videos, location check-ins, comments about the accident, or statements about physical activities may be reviewed by insurers or opposing parties.

Avoid discussing the details of the crash or your legal claim publicly. Do not delete existing material simply because a claim exists without first getting legal advice, because preservation obligations can apply.

19. Watch for Insurance and Repair Scams

Accident victims can be targeted by unsolicited calls, aggressive referral schemes, questionable medical providers, or people promising guaranteed settlements.

Be cautious about anyone who pressures you to sign documents immediately, guarantees a specific legal result, or asks you to provide sensitive information without clearly explaining who they represent.

Choose medical providers, repair facilities, and attorneys based on qualifications and your own judgment.

20. Consider Speaking With a Florida Car Accident Attorney

Not every crash requires a lawyer. A minor property-damage accident with no injuries may be resolved through the insurance process.

Legal guidance may be more useful when:

  • You suffered significant or lasting injuries.
  • Fault is disputed.
  • Multiple vehicles were involved.
  • A commercial vehicle was involved.
  • The other driver was uninsured or underinsured.
  • The insurer denies or undervalues part of the claim.
  • You have substantial lost income.
  • You may have permanent impairment or scarring.
  • A family member died in the crash.
  • You are being asked to sign a broad release.

An attorney can review available insurance coverage, investigate liability, preserve evidence, communicate with insurers, and evaluate damages and deadlines.

What Not to Do After a Florida Car Accident

  • Do not leave the scene when the law requires you to remain.
  • Do not ignore injuries or delay necessary medical evaluation.
  • Do not miss Florida’s 14-day PIP treatment window if you need PIP medical benefits.
  • Do not speculate about fault at the scene.
  • Do not post detailed information about the accident or injuries online.
  • Do not throw away receipts, bills, photographs, or insurance correspondence.
  • Do not sign a settlement or release you do not understand.
  • Do not assume the insurance company has calculated every available loss for you.
  • Do not wait until a legal deadline is approaching to investigate a serious claim.

Florida Car Accident Checklist

  1. Stop and remain at the scene as required.
  2. Check for injuries and call 911 when needed.
  3. Move vehicles out of traffic when safe and legally appropriate.
  4. Call law enforcement when the crash meets Florida reporting requirements.
  5. Exchange driver, vehicle, and insurance information.
  6. Photograph vehicles, damage, road conditions, and the scene.
  7. Collect witness contact information.
  8. Seek medical care promptly if injured.
  9. Notify your insurer.
  10. Obtain the crash report when available.
  11. Save medical, repair, towing, rental, and wage-loss records.
  12. Track treatment and symptoms.
  13. Be cautious with recorded statements and settlement releases.
  14. Consider legal advice if injuries, fault, coverage, or damages are disputed.

Frequently Asked Questions

Do I have to call the police after a car accident in Florida?

Florida law requires immediate law-enforcement notification for certain crashes, including crashes involving injury or death, apparent property damage of at least $500, an intoxicated driver, hit-and-run circumstances, and certain commercial-vehicle towing situations.

How long do I have to see a doctor after a Florida car accident?

For PIP medical benefits, Florida law generally requires initial services and care within 14 days after the motor vehicle accident.

How much does Florida PIP cover?

Florida PIP generally provides up to $10,000 in medical and disability benefits when an authorized provider determines an emergency medical condition exists. Without that determination, medical benefits are generally limited to $2,500. Coverage is subject to the policy and statute.

Can I sue the other driver even though Florida is a no-fault state?

Potentially. PIP does not eliminate all liability claims. Florida law allows certain claims against an at-fault driver, and recovery of noneconomic damages generally requires meeting the statutory injury threshold.

What if I was partly at fault for the accident?

Florida’s modified comparative negligence rule generally reduces damages according to your percentage of fault. In covered negligence actions, a claimant more than 50% at fault generally cannot recover damages.

How long do I have to file a Florida car accident lawsuit?

Florida’s current statute generally provides a two-year limitations period for negligence actions, but the correct deadline can vary based on the claim and parties involved.

Should I give the other driver’s insurance company a recorded statement?

You should understand your obligations and the purpose of the statement before giving a detailed recorded interview. Your duties to your own insurer may differ from your obligations to another driver’s insurer.

When should I contact a car accident lawyer?

Consider legal advice when injuries are serious, fault is disputed, coverage is unclear, a commercial vehicle is involved, the insurer denies or undervalues the claim, or you are being asked to settle before understanding the full impact of the accident.

Talk to Fleites Law About a Florida Car Accident

The period after a car accident can involve medical treatment, insurance deadlines, repair issues, lost income, and questions about fault. Taking the right steps early can help preserve information and reduce avoidable problems.

If you were injured in a Florida car accident and have questions about your rights, insurance coverage, or a potential injury claim, contact Fleites Law for a case evaluation. An attorney can review the facts, available coverage, applicable deadlines, and the next steps based on your situation.

Do not delay if evidence may disappear or a legal deadline may apply. Contact Fleites Law to discuss your Florida car accident claim.

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